THESE TERMS AND CONDITIONS APPLY TO THE WEB SITE WWW.PHQBYPIZZAHUT.IE (THE "SITE"). PLEASE READ THIS STATEMENT CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS THEN YOU SHOULD NOT ACCESS THIS SITE. ACCESS OF THIS SITE BY YOU SHALL BE DEEMED TO BE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
This Site contains many of the valuable trademarks owned and used by Pizza Hut (IRELAND) Limited ("Pizza Hut" and "We" and "Us") and its subsidiaries and affiliates throughout the world to distinguish its quality products and services. These trademarks and related proprietary property are protected from copying and simulation under national and international laws and are not to be reproduced or copied without the express written permission of Pizza Hut.
Pizza Hut strives to ensure that the information contained in this Site is accurate and reliable. However, Pizza Hut and the World Wide Web (or Web Site Host) are not infallible and errors may sometimes occur. You should take appropriate steps to verify all information on this Site before acting upon it. To the fullest extent permissible pursuant to applicable law, Pizza Hut disclaims any warranty or representation of any kind, whether express or implied, as to any matter whatsoever relating to this Site, including without limitation the availability of the Site. Pizza Hut may from time to time revise the information, services and the resources contained in this Site and reserves the right to make such changes without any obligation to notify past, current or prospective visitors. In no event shall Pizza Hut be liable for any indirect, special, incidental or consequential damages arising out of any use of the information contained herein.
By entering this Site, you acknowledge and agree that the use of this Site is at your own risk and to the extent permissible by applicable law, in no circumstances, including (but not limited to) negligence, shall We be liable for any direct, indirect, incidental, special, consequential, or punitive damages, losses, costs or expenses nor for any loss of profit that results from the use of, or inability to use this Site or any material on any site linked to this Site (including but not limited to any viruses or any other errors or defects or failures in computer transmissions or network communications) even if We have been advised of the possibility of such damage. In addition, no liability can be accepted by Us in respect of any changes made to the content of this Site by unauthorised third parties. All express or implied warranties or representations are excluded to the fullest extent permissible by law.
Any goods displayed or provided on this Site are done so on an "as is" and "if available" basis and Pizza Hut expressly excludes any warranties, conditions, representations or other terms with respect to this Site or the content or goods displayed on it, whether express or implied, unless expressly stated to the contrary.
Any software is downloaded at your own risk. If you are in any doubt as to the suitability of the software to be downloaded for your computer it is recommended that you obtain specialist advice before downloading it.
This statement does not affect your statutory rights and nor does this paragraph apply to Pizza Hut's liability for products sold through the Site (please see our Products Terms and Conditions).
If you decide to register with this Site, you will be asked to create a password. You must keep this password confidential and must not disclose it to anyone. Pizza Hut reserves the right to suspend your registration if you breach these Terms and Conditions.
If any part of these terms and conditions is, at any time, found to be invalid by a court, tribunal or other forum of competent jurisdiction, or otherwise rendered unenforceable, that decision shall not invalidate or void the remainder of these terms and conditions. These terms and conditions shall be deemed amended by modifying or severing such part as necessary to render them valid, legal and enforceable while preserving their intent, or if that is not possible, by substituting another provision that is valid, legal and enforceable that gives equivalent effect to the parties' intent. Any such invalid or unenforceable part or parts shall be severable from these terms and conditions, or the validity of the part(s) in question in any other jurisdiction shall not be affected thereby.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
These terms and conditions are governed by the laws of Ireland and you agree that the Irish courts shall have exclusive jurisdiction in any dispute. This Site is for use only by persons who access it from within the Ireland. Goods available from this Site are available only to residents of (or companies incorporated in) the Ireland. We make no representation that any material contained on this Site is appropriate for any other jurisdiction.
PRODUCT TERMS AND CONDITIONS
In these PRODUCT terms and conditions ("Conditions") the following words and expressions shall have the following meanings:-
the Customer, you, your: means you, the customer, who buys the Products from Pizza Hut Delivery;
1 Order and Acceptance
1.1 These Conditions shall apply to all orders and contracts for the supply of the Products by Pizza Hut Delivery to the Customer. All orders for the Products shall be deemed to be an offer by the Customer to purchase the Products in accordance with these Conditions. Any variations to these Conditions must be in writing, otherwise they will not be binding on either party.
1.2 The acceptance of orders for the Products shall be at the entire discretion of Pizza Hut Delivery. Our acceptance of an order occurs when you receive an on-screen message confirming your order has been placed at which point, your contract with Pizza Hut is made and up until this point, We may decline to provide You with the goods without giving any reason.
1.3 You may not place any orders on Our Web Site if you are under 12 years of age.
2 Prices and Payment
2.1 Unless otherwise stated in writing the prices quoted by Pizza Hut on the Web Site are inclusive of VAT and any other applicable taxes.
2.2 The price of the Products will be as quoted on the Site at the time you confirm your order (by clicking the checkout button) subject only to any inadvertent technical mistake which We shall not be liable for. The price for your order shall be deducted from your account at the time your order is placed. We reserve our right to terminate this agreement with you if We are refused authority for payment or reasonably believe that payment will be refused at any stage.
2.3 You can pay by any of the methods listed in our checkout screen. Please make sure that if your order is placed using a credit or debit card, such card is valid on the date of despatch of your order.
2.4 When you input your postcode into the Web Site, you are automatically directed to the Web Site referring to Your local Hut. Please note that prices, minimum spend restrictions and maximum cash spend restrictions vary from Hut to Hut. In addition, if you order on-line, the price charged may be different to the price for the Products had they been ordered in-store or by telephone.
3 Changes to your Order
If you wish to cancel, amend or complain about your order, please telephone your local Hut, details of which will be included in the confirmatory e-mail sent to you upon placing your order. If you amend your order, the price charged will be the price for the amended order. Please note that as promotions are only available for limited periods, any changes to your order may mean the promotions are no longer available.
4.1 We will aim to provide you with your ordered Products as close as possible to your requested delivery/collection time.
4.2 The Customer agrees to accept delivery of the Products at the agreed time and place of delivery.
4.3 We can only fulfil an order for large quantities at the discretion of the Hut from which you are ordering.
4.4 If you have chosen for the Products to be delivered, Pizza Hut will deliver the order to the main entrance of the delivery address but any deliveries carried into the delivery address will only be made if the driver and you consent to this. If you are not present to take delivery of the goods at the address given in your order, then We will not refund you the price for your order and will charge you for the full amount of your order.
4.5 Products are subject to availability. If your products are not available, We may offer you a reasonable substitute of equivalent quality and price or We may call you to tell you that your ordered products are not available and to ask you if you would like to order something else. This may affect the price you pay.
5 Transfer of Property
5.1 Risk in the Products shall pass to the Customer on delivery.
5.2 The Customer acknowledges that all intellectual property rights in the Products do and shall continue to belong to Pizza Hut and the Customer agrees that it will not infringe any of Pizza Hut Delivery's intellectual property rights.
6 Oral Statements
The Customer agrees that, in the event of any conflict, written information about the Products supplied by Pizza Hut Delivery shall prevail over any oral statements made by Pizza Hut or by Pizza Hut Delivery's employees or agents (although Pizza Hut Delivery shall be responsible for any fraudulent misstatements). Pizza Hut Delivery shall use all reasonable efforts to ensure that its written information about the Products is accurate.
From time to time, our products may be subject to special offers. Any special offers shall be subject to these Terms and Conditions which will prevail if there is inconsistency between the terms of the special offer and these Terms. We may change the terms of special offers or withdraw them at our discretion but We will honour any order placed by you before the offer is withdrawn subject always to manifest technical errors.
All deals on this site are valid until 06/05/07 and are not valid in conjunction with other offers, unless otherwise stated.
8 Limitation of Liability
8.1 To the fullest extent permitted by law, Pizza Hut Delivery excludes all liability arising out of its supply of the Products and in particular shall not be responsible for any loss or damage, arising directly or indirectly out of or in connection with delay beyond the estimated time or date of delivery; any circumstances over which Pizza Hut had no control of the consequences and which Pizza Hut could not avoid by the exercise of reasonable care, or any indirect or unforeseeable loss suffered or incurred by the Customer or others.
8.2 In any event, Pizza Hut's liability to the Customer will not exceed the total price charged for the relevant items.
NOTHING IN THESE CONDITIONS SHALL AFFECT THE STATUTORY RIGHTS OF THE CUSTOMER.
Depending on your local Hut, your contract may be with an outlet owned by Pizza Hut Delivery (IRELAND) Limited or with an outlet owned by its franchisee. Details of the Hut which fulfils your order (and with whom your contract is made) will be included in the confirmatory e-mail sent to you upon placing your order. Please note that Pizza Hut Delivery (IRELAND) Limited facilitates payment to its franchisees for all credit or debit card orders placed through the Web Site so that it collects such payments and remits them to the franchisee where appropriate.
Any contract to which these Conditions apply (and these Conditions) shall be governed by and construed in accordance with the laws of Ireland and Pizza Hut Delivery and the Customer submit to the non-exclusive jurisdiction of the Courts of Ireland.
Thank you for visiting our Web Site.
This site is owned and operated by Pizza Hut Delivery (IRELAND) Limited, a company registered in Ireland.
Copyright Pizza Hut international, LLC 2009. All rights reserved.